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Expert Group ITR06rev.1 by garrickWilliams

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									                      INTERNATIONAL TELECOMMUNICATION UNION
                                                                               Document: ITR/06
                        EXPERT GROUP ON THE                                    Rev. 1
                  INTERNATIONAL TELECOMMUNICATION
                                                                               10 November 1999
                            REGULATIONS                                        Original: English
GENEVA     —    FIRST MEETING     —      8-10 NOVEMBER, 1999


                                      Note by the Secretariat


This document provides a correlation between the text of the International Telecommunication
Regulations (first column) and corresponding text in the ITU Constitution and Convention (third
column). It was produced as part of the work of the Expert Group at its first meeting.

The second column provides a commentary, based on the discussion at the meeting, on the relations
between the two texts. The document is intended to be indicative of the relations than exist, rather
than exhaustive.
Relation between the International Telecommunication Regulations and the CS/CV


1988 Int’l Telecom Regulations                           Comments                     CS/CV reference
                    PREAMBLE                                                          CS: Preamble
While the sovereign right of each country to             See preamble of CS.          While fully recognizing the sovereign right of each State to regulate its
regulate its telecommunications is fully recognized,                                  telecommunication and having regard to the growing importance of
the provisions of the present Regulations                See also CS. Art. 4, esp.    telecommunication for the preservation of peace and the economic and social
supplement the International Telecommunication           4.4.                         development of all States, the States Parties to this Constitution, as the basic
Convention, with a view to attaining the purposes                                     instrument of the International Telecommunication Union, and to the Convention
of the International Telecommunication Union in          Note also CS/Art 6,          of the International Telecommunication Union (hereinafter referred to as ―the
promoting the development of telecommunication           which outlines the role of   Convention‖) which complements it, with the object of facilitating peaceful
services and their most efficient operation while        Members in the               relations, international cooperation among peoples and economic and social
harmonizing the development of facilities for            execution of instruments     development by means of efficient telecommunication services, have agreed as
world-wide telecommunications.                           of the Union. These          follows
                                                         obligations are placed on
                                                         Member States.               CS/4.3: The provisions of both this Constitution and the Convention are further
                                                         Accordingly, they may        complemented by those of the Administrative Regulations, enumerated below,
                                                         be interpreted as            which regulate the use of telecommunications and shall be binding on all Members:
                                                         ―measures‖ in a WTO
                                                                                                –    International Telecommunication Regulations,
                                                         context.
                                                                                                – Radio Regulations.
                                                                                      CS/4.4: In the case of inconsistency between a provision of this Constitution and a
                                                                                      provision of the Convention or of the Administrative Regulations, the Constitution
                                                                                      shall prevail. In the case of inconsistency between a provision of the Convention
                                                                                      and a provision of the Administrative Regulations, the Convention shall prevail.
                   Article I
      Purpose and Scope of the Regulations
                                                                                      CS/42: Special Arrangements
1.1 a) These Regulations establish general               There does not appear to     Members reserve for themselves, for the operating agencies recognized by them
        principles which relate to the provision and     be any statement in the      and for other agencies duly authorized to do so, the right to make special
        operation of international                       CS or CV that explains       arrangements on telecommunication matters which do not concern Members in
        telecommunication services offered to the        the function of the ITRs.    general. Such arrangements, however, shall not be in conflict with the terms of this
        public as well as to the underlying                                           Constitution, of the Convention or of the Administrative Regulations, so far as
        international telecommunication transport        CS Article 1 sets out        concerns the harmful interference which their operation might cause to the radio
        means used to provide such services. They        broadly these objectives.    services of other Members, and in general so far as concerns the technical harm
        also set rules applicable to administrations*.   CS Article 42 provides       which their operation might cause to the operation of other telecommunication
    b) These Regulations recognize in Article 9 the      for special arrangements     services of other Members.
        right of Members to allow special                in a similar way to this
        arrangements.                                    sub-article.
1988 Int’l Telecom Regulations                            Comments                     CS/CV reference

                                                          The Annexes to the CS
1.2 In these Regulations, "the public" is used in the     and CV provide
sense of the population, including governmental           definitions of terms (but
and legal bodies.                                         not ―the public‖)
                                                                                       CS/1c) to promote the development of technical facilities and their most efficient
1.3 These Regulations are established with a view         Broadly aligns with CS       operation with a view to improving the efficiency of telecommunication services,
to facilitating global interconnection and                Article 1, para c).          increasing their usefulness and making them, so far as possible, generally available
interoperability of telecommunication facilities and                                   to the public
to promoting the harmonious development and
efficient operation of technical facilities, as well as
the efficiency, usefulness and availability to the
public of international telecommunication services.
                                                                                       CS/4: Instruments of the Union
1.4 References to CCITT Recommendations and               CS Article 4 makes it
Instructions in these Regulations are not to be taken     clear that                   The instruments of the Union are:
as giving to those Recommendations and                    recommendations do not
Instructions the same legal status as the                 have the same legal               –    this Constitution of the International Telecommunication Union,
Regulations.                                              status as the CS, CV or           –    the Convention of the International Telecommunication Union, and
                                                          Administrative
1.5 Within the framework of the present                   Regulations.                      – the Administrative Regulations.
Regulations, the provision and operation of                                            2. This Constitution, the provisions of which are complemented by those of the
international telecommunication services in each          No reference in the CS or    Convention, is the basic instrument of the Union.
relation is pursuant to mutual agreement between          CV.                          3. The provisions of both this Constitution and the Convention are further
administrations*.                                                                      complemented by those of the Administrative Regulations, enumerated below,
                                                                                       which regulate the use of telecommunications and shall be binding on all Members:
1.6 In implementing the principles of these               CS Article 4 makes it             –    International Telecommunication Regulations,
Regulations, administrations* should comply with,         clear that
to the greatest extent practicable, the relevant          recommendations (by                – Radio Regulations.
CCITT Recommendations, including any                      lack or reference therein)   4. In the case of inconsistency between a provision of this Constitution and a
Instructions forming part of or derived from these        are not binding.             provision of the Convention or of the Administrative Regulations, the Constitution
Recommendations.                                                                       shall prevail. In the case of inconsistency between a provision of the Convention
                                                                                       and a provision of the Administrative Regulations, the Convention shall prevail.
1.7 a) These Regulations recognize the right of any       The CS and CV do not
       Member, subject to national law and should         presume to tell members
       it decide to do so, to require that                what their rights are;
       administrations* and private operating             instead they tell members
       agencies, which operate in its territory and       what their obligations are
       provide an international telecommunication         under the ITU treaty.
       service to the public, be authorized by that
       Member.


                                                                                             3
1988 Int’l Telecom Regulations                       Comments                   CS/CV reference

   b) The Member concerned shall, as appropriate,
       encourage the application of relevant CCITT
       Recommendations by such service
       providers.

   c) The Members, where appropriate, shall          Observance of the ITRs
       cooperate in implementing the International   is a treaty obligation
       Telecommunication Regulations (For            covered by CS Article 4.
       interpretation, also see Resolution No. 2).

1.8 The Regulations shall apply, regardless of the   Observance of the ITRs
means of transmission used, so far as the Radio      is a treaty obligation
Regulations do not provide otherwise.                covered by CS Article 4.




                                                                                     4
1988 Int’l Telecom Regulations                         Comments                CS/CV reference

                     Article 2
                    Definitions

For the purpose of these Regulations, the following
definitions shall apply. These terms and definitions
do not, however, necessarily apply for other
purposes.

2.1 Telecommunication: Any transmission,               No change; same as CS   1012       Telecommunication: Any transmission, emission or reception of signs,
emission or reception of signs, signals, writing,      Annex (1012)                       signals, writing, images and sounds or intelligence of any nature by wire,
images and sounds or intelligence of any nature by                                        radio, optical or other electromagnetic systems.
wire, radio, optical or other electromagnetic
systems.

2.2 International telecommunication service: The       No change; same as CS   1011     International Telecommunication Service: The offering of a
offering of a telecommunication capability between     Annex (1011)            telecommunication capability between telecommunication offices or stations of any
telecommunication offices or stations of any nature                            nature that are in or belong to different countries.
that are in or belong to different countries

2.3 Government telecommunication: A                    No change; an ―older    1014       Government Telecommunications: Telecommunications originating with
telecommunication originating with any: Head of a      version‖ of CS Annex    any:
State; Head of a government or members of a            (1014)
                                                                                      –   Head of State;
government; Commanders-in-Chief of military
forces, land, sea or air; diplomatic or consular                                      –   Head of government or members of a government;
agents; the Secretary-General of the United                                           –   Commanders-in-Chief of military forces, land, sea or air;
Nations; Heads of the principal organs of the
United Nations; the International Court of Justice,                                   –   diplomatic or consular agents;
                                                                                      –   the Secretary-General of the United Nations; Heads of the principal
or reply to a government telegram.                                                            organs of the United Nations;
                                                                                     – the International Court of Justice,
                                                                               or replies to government telecommunications mentioned above.

2.4 Service telecommunication:                         No change; same as CV   1006      Service Telecommunication: A telecommunication that relates to public
A telecommunication that relates to public             Annex (1006)            international telecommunications and that is exchanged among the following:
international telecommunications and that is                                          –   administrations,
exchanged among the following:
- administrations*;                                                                   –   recognized operating agencies, and
- recognized private operating agencies,                                              –    the Chairman of the Council, the Secretary-General, the Deputy
- and the Chairman of the Administrative                                                   Secretary-General, the Directors of the Bureaux, the members of the
     Council, the Secretary-General, the Deputy                                            Radio Regulations Board, and other representatives or authorized

                                                                                      5
1988 Int’l Telecom Regulations                        Comments                   CS/CV reference

    Secretary-General, the Directors of the                                               officials of the Union, including those working on official matters
    International Consultative Committees, the                                            outside the seat of the Union.
    members of the International Frequency
    Registration Board, other representatives or
    authorized officials of the Union, including
    those working on official matters outside the
    seat of the Union.

2.5 Privilege telecommunication                       No similar definition in
2.5.1 A telecommunication that may be exchanged       CS or CV.
during:
- sessions of the ITU Administrative Council,
- conferences and meetings of the ITU

between, on the one hand, representatives of
Members of the Administrative Council, members
of delegations, senior officials of the permanent
organs of the Union and their authorized colleagues
attending conferences and meetings of the ITU and,
on the other, their administrations* or recognized
private operating agency or the ITU,

and relating either to matters under discussion by
the Administrative Council, conferences and
meetings of the ITU or to public international
telecommunications.

2.5.2 A private telecommunication that may be
exchanged during sessions of the ITU
Administrative Council and conferences and
meetings of the ITU by representatives of Members
of the Administrative Council, members of
delegations, senior officials of the permanent
organs of the Union attending ITU conferences and
meetings, and the staff of the Secretariat of the
Union seconded to ITU conferences and meetings,
to enable them to communicate with their country
of residence.




                                                                                      6
1988 Int’l Telecom Regulations                          Comments                     CS/CV reference

2.6 International route: Technical facilities and       No CS or CV reference
installations located in different countries and used
for telecommunication traffic between two
international telecommunication terminal
exchanges or offices.

2.7 Relation: Exchange of traffic between two           No CS or CV reference.
terminal countries, always referring to a specific      This definition may
service if there is between their administrations*:     picked up in the D. series
a) a means for the exchange of traffic in that          Recommendations
    specific service:
- over direct circuits (direct relation), or
- via a point of transit in a third country (indirect
  relation), and

b) normally, the settlement of accounts.

2.8 Accounting rate: The rate agreed between            No CS or CV reference.
administrations* in a given relation that is used for   This definition may
the establishment of international accounts.            picked up in the D. series
                                                        Recommendations
2.9 Collection charge: The charge established and
collected by an administration from its customers                 (ditto)
for the use of an international telecommunication
service.

2.10 Instructions: A collection of provisions drawn               (ditto)
from one or more CCITT Recommendations
dealing with practical operational procedures for
the handling of telecommunication traffic (e.g.,
acceptance, transmission, accounting).

                      Article 3                         Relates to CS Article
               International Network                    1.2c). Note: in today’s
                                                        telecommunications
3.1 Members shall ensure that administrations*          environment,                 CS/1.2c): To this end, the Union shall in particular:
cooperate in the establishment, operation and           international networks       ….
maintenance of the international network to provide     may be provided without      c) facilitate the worldwide standardization of telecommunications, with a
a satisfactory quality of service.                      requiring co-operation       satisfactory quality of service;
                                                        between administrations.


                                                                                           7
1988 Int’l Telecom Regulations                         Comments                    CS/CV reference

3.2 Administrations* shall endeavour to provide        Relates to CS Article       CS/1.1c): The purposes of the Union are:
sufficient telecommunication facilities to meet the    1.1c)                       ….
requirements of and demand for international           See also CS Art. 33, CS     c) to promote the development of technical facilities and their most efficient
telecommunication services.                            Art. 38 and CV Art. 38.     operation with a view to improving the efficiency of telecommunication services,
                                                                                   increasing their usefulness and making them, so far as possible, generally available
                                                                                   to the public;

3.3 Administrations* shall determine by mutual         No CS or CV reference.
agreement which international routes are to be         Could be in conflict with
used. Pending agreement and provided that there is     CS/1.1c) ―..efficiency of
no direct route existing between the terminal          telecommunication
administrations* concerned, the origin                 services ..‖                CS/33: The Right of the Public to Use the International
administration has the choice to determine the                                     Telecommunication Service
routing of its outgoing telecommunication traffic,                                 Members recognize the right of the public to correspond by means of the
taking into account the interests of the relevant                                  international service of public correspondence. The services, the charges and the
transit and destination administrations*.                                          safeguards shall be the same for all users in each category of correspondence
                                                                                   without any priority or preference.
3.4 Subject to national law, any user, by having       Relates to CS/34.
access to the international network established by     Quality of service is       CS/1.2c): To this end, the Union shall in particular:
an administration, has the right to send traffic. A    covered in CS Article 1.2   ….
satisfactory quality of service should be maintained   c) although not in this     c) facilitate the worldwide standardization of telecommunications, with a
to the greatest extent practicable, corresponding to   detail.                     satisfactory quality of service;
relevant CCITT Recommendations.




                                                                                         8
1988 Int’l Telecom Regulations                          Comments                   CS/CV reference

                    Article 4
   International Telecommunication Services
                                                                                   CS/33: The Right of the Public to Use the International
4.1 Members shall promote the implementation of         Roughly similar to CS      Telecommunication Service
international telecommunication services and shall      Article 1.1c) and CS       Members recognize the right of the public to correspond by means of the
endeavour to make such services generally               Article 33.                international service of public correspondence. The services, the charges and the
available to the public in their national network(s).   Not a precise              safeguards shall be the same for all users in each category of correspondence
                                                        relationship.              without any priority or preference.
4.2 Members shall ensure that administrations*          This sub-article roughly   CS/1.1: Purpose of the Union
cooperate within the framework of these                 equates to: CS Article     The purposes of the Union are:
Regulations to provide by mutual agreement, a           1.1c) d) f) and g) and     …
wide range of international telecommunication           1.2c), g), h).             c) to promote the development of technical facilities and their most efficient
services which should conform, to the greatest          See also CS Art.38              operation with a view to improving the efficiency of telecommunication
extent practicable, to the relevant CCITT                                               services, increasing their usefulness and making them, so far as possible,
Recommendations.                                                                        generally available to the public;
                                                                                   d) to promote the extension of the benefits of the new telecommunication
4.3 Subject to national law, Members shall              Provisions generally           technologies to all the world's inhabitants;
endeavour to ensure that administrations* provide       covered by CS Article 1,   g) to promote, at the international level, the adoption of a broader approach to the
and maintain, to the greatest extent practicable, a     but not to this level of   issues of telecommunications in the global information economy and society, by
minimum quality of service corresponding to the         specificity.               cooperating with other world and regional intergovernmental organizations and
relevant CCITT Recommendations with respect to:                                    those non-governmental organizations concerned with telecommunications.
a) access to the international network by users                                    CS/1.2: To this end, the Union shall in particular:
   using terminals which are permitted to be                                       …
   connected to the network and which do not                                       c) facilitate the worldwide standardization of telecommunications, with a
   cause harm to technical facilities and personnel;                               satisfactory quality of service;
                                                                                   g) promote the adoption of measures for ensuring the safety of life through the
b) international telecommunication facilities and                                  cooperation of telecommunication services;
   services available to customers for their                                       h) undertake studies, make regulations, adopt resolutions, formulate
   dedicated use;                                                                  recommendations and opinions, and collect and publish information concerning
                                                                                   telecommunication matters;
c) at least a form of telecommunication which is
   reasonably accessible to the public, including
   those who may not be subscribers to a specific
   telecommunication service; and

d) a capability for networking between different
   services, as appropriate, to facilitate
   international communications.


                                                                                         9
1988 Int’l Telecom Regulations                          Comments                   CS/CV reference

                      Article 5
           Safety of Life and Priority of
               Telecommunication

5.1 Safety of life telecommunications, such as          Similar to CS Article 40   CS/40: Priority of Telecommunications Concerning Safety of Life
distress telecommunications, shall be entitled to                                  International telecommunication services must give absolute priority to all
transmission as of right and shall, where technically                              telecommunications concerning safety of life at sea, on land, in the air or in outer
practicable, have absolute priority over all other                                 space, as well as to epidemiological telecommunications of exceptional urgency of
telecommunications, in accordance with the                                         the World Health Organization.
relevant Articles of the Convention and taking due
account of relevant CCITT Recommendations.
                                                        Similar to CS Article 41   CS/41: Priority of Government Telecommunications
5.2 Government telecommunications, including                                       Subject to the provisions of Articles 40 and 46 of this Constitution, government
telecommunications relative to the application of                                  telecommunications (see Annex to this Constitution, No. 1014) shall enjoy priority
certain provisions of the United Nations Charter,                                  over other telecommunications to the extent practicable upon specific request by
shall, where technically practicable, enjoy priority                               the originator.
over telecommunications other than those referred
to in No. 39 (5.1), in accordance with the relevant
provisions of the Convention and taking due
account of relevant CCITT Recommendations.

5.3 The provisions governing the priority enjoyed
by all other telecommunications are contained in
the relevant CCITT Recommendations.

                   Article 6
            Charging and Accounting

6.1 Collection charges                                  The CS and CV do not
6.1.1 Each administration shall, subject to             address charges and
applicable national law, establish the charges to be    accounting issues
collected from its customers. The level of the
charges is a national matter; however, in               See ITU-T
establishing these charges, administrations* should     Recommendations
try to avoid too great a dissymmetry between the        D.140, D.150 and D.155
charges applicable in each direction of the same
relation.                                               No CS or CV reference.



6.1.2 The charge levied by an administration on         No CS or CV reference.

                                                                                         10
1988 Int’l Telecom Regulations                           Comments                     CS/CV reference

customers for a particular communication should in
principle be the same in a given relation, regardless
of the route chosen by that administration.

6.1.3 Where, in accordance with the national law of      No CS or CV reference.
a country, a fiscal tax is levied on collection
charges for international telecommunication
services, this tax shall normally be collected only in
respect of international services billed to customers
in that country, unless other arrangements are made                                   CV/36: Charges and Free Services
to meet special circumstances.                                                        The provisions regarding charges for telecommunications and the various cases in
                                                                                      which free services are accorded are set forth in the Administrative Regulations.
6.2       Accounting rates                               No CS or CV reference.
6.2.1      For each applicable service in a given        Note, the word               CV/37: Rendering and Settlement of Accounts
relation, administrations* shall by mutual               ―applicable‖ implies that    1 The settlement of international accounts shall be regarded as current transactions
agreement establish and revise accounting rates to       not all services are         and shall be effected in accordance with the current international obligations of the
be applied between them, in accordance with the          subject to accounting        Member States and Sector Members concerned in those cases where their
provisions of Appendix 1 and taking into account         rates (e.g., IPLs).          governments have concluded arrangements on this subject. Where no such
relevant CCITT Recommendations and relevant                                           arrangements have been concluded, and in the absence of special agreements made
cost trends.                                                                          under Article 42 of the Constitution, these settlements shall be effected in
                                                                                      accordance with the Administrative Regulations.
6.3        Monetary unit                                                              2 Administrations of Member States and Sector Members which operate
6.3.1      In the absence of special arrangements        Very similar to CV           international telecommunication services shall come to an agreement with regard to
concluded between administrations*, the monetary         Article 38.                  the amount of their debits and credits.
unit to be used in the composition of accounting                                      3. The statement of accounts with respect to debits and credits referred to in No.
rates for international telecommunication services                                    498 above shall be drawn up in accordance with the provisions of the
and in the establishment of international accounts                                    Administrative Regulations, unless special arrangements have been concluded
shall be:                                                                             between the parties concerned.

- either the monetary unit of the International          CV Articles 36 and 37        CV/38: Monetary Unit
  Monetary Fund (IMF), currently the Special             refer these matters to the   In the absence of special arrangements concluded between Member States, the
  Drawing Right (SDR), as defined by that                Administrative               monetary unit to be used in the composition of accounting rates for international
  organization;                                          Regulations.                 telecommunication services and in the establishment of international accounts shall
- or the gold franc, equivalent to 1/3.061 SDR.                                       be:
                                                                                       –either the monetary unit of the International Monetary Fund
6.3.2 In accordance with relevant provisions of the                                   –or the gold franc,
International Telecommunication Convention, this                                       both as defined in the Administrative Regulations. The provisions for application
provision shall not affect the possibility open to                                    are contained in Appendix 1 to the International Telecommunication Regulations.
administrations* of establishing bilateral
arrangements for mutually acceptable coefficients
between the monetary unit of the IMF and the gold

                                                                                            11
1988 Int’l Telecom Regulations                          Comments                     CS/CV reference

franc.

6.4 Establishment of accounts and settlement of
balances of account                                     CV Article 37.1, .2 and
6.4.1 Unless otherwise agreed, administrations*         .3 refer responsibility to
shall follow the relevant provisions as set out in      the Admin Regs.
Appendices 1 and 2.

6.5 Service and privilege telecommunications
6.5.1 Administrations* shall follow the relevant        CV Article 36 refers
provisions as set out in Appendix 3.                    charging matters to the
                                                        Administrative
                                                        Regulations.

                    Article 7
              Suspension of Services
                                                                                     CS/35: Suspension of Services
7.1 If a Member exercises its right in accordance       Roughly similar to CS        Each Member State reserves the right to suspend the international
with the Convention to suspend international            Article 35.                  telecommunication service, either generally or only for certain relations and/or for
telecommunication services partially or totally, that                                certain kinds of correspondence, outgoing, incoming or in transit, provided that it
Member shall immediately notify the Secretary-                                       immediately notifies such action to each of the other Member States through the
General of the suspension and of the subsequent                                      Secretary-General.
return to normal conditions by the most appropriate
means of communication.

7.2 The Secretary-General shall immediately bring       CS Article 35 covers this
such information to the attention of all other          arrangement.
Members, using the most appropriate means of
communication.

                    Article 8
          Dissemination of Information                                               CV/5: General Secretariat
                                                                                     1.The Secretary-General shall:
Using the most suitable and economical means, the       CV Article 5.1o) and p)      ….
Secretary-General shall disseminate information,        would appear to cover
provided by administrations*, of an administrative,     this, though the nature of   o) take necessary action for the timely publication and distribution of service
operational, tariff or statistical nature concerning    information differs.            documents, information bulletins, and other documents and records prepared by
international telecommunication routes and                                              the General Secretariat and the Sectors, communicated to the Union or whose
services. Such information shall be disseminated in     See also CS/18                  publication is requested by conferences or the Council; the list of documents to
accordance with the relevant provisions of the          (Development Sector)            be published shall be maintained by the Council, following consultation with
Convention and of this Article, on the basis of         notably 18.2 b), c) and         the conference concerned, with respect to service documents and other

                                                                                           12
1988 Int’l Telecom Regulations                         Comments                     CS/CV reference

decisions taken by the Administrative Council or by    d).                             documents whose publication is requested by conferences;
competent administrative conferences, and taking
                                                                                    p) publish periodically, with the help of information put at his disposal or which he
account of conclusions or decisions of Plenary
                                                                                       may collect, including that which he may obtain from other international
Assemblies of the International Consultative
                                                                                       organizations, a journal of general information and documentation concerning
Committees.
                                                                                       telecommunication;

                     Article 9
              Special Arrangements

9.1 a) Pursuant to Article 31 (Nairobi, 1982),         CS Article 42 covers         CS/42: Special Arrangements
       special arrangements may be entered into on     special arrangements.        Member States reserve for themselves, for the operating agencies recognized by
       telecommunication matters which do not                                       them and for other agencies duly authorized to do so, the right to make special
       concern Members in general. Subject to          Note that the CS/CV and      arrangements on telecommunication matters which do not concern Member States
       national laws, Members may allow                the ITRs both cross-         in general. Such arrangements, however, shall not be in conflict with the terms of
       administrations* or other organizations or      reference each other. CS     this Constitution, of the Convention or of the Administrative Regulations, so far as
       persons to enter into such special mutual       Art. 42 was previously       concerns the harmful interference which their operation might cause to the radio
       arrangements with Members,                      Art 31.                      services of other Member States, and in general so far as concerns the technical
       administrations* or other organizations or                                   harm which their operation might cause to the operation of other
       persons that are so allowed in another          See Opinion No. 1 which      telecommunication services of other Member States.
       country for the establishment, operation, and   has additional language
       use of special telecommunication networks,      which did not meet with
       systems and services, in order to meet          approval of all countries.
       specialized international telecommunication
       needs within and/or between the territories     Possible contradiction
       of the Members concerned, and including, as     between special
       necessary, those financial, technical, or       arrangements and MFN.
       operating conditions to be observed.
                                                       ITRs arguably more
   b) Any such special arrangements should avoid       liberal than CS in noting
      technical harm to the operation of the           ability to provide
      telecommunication facilities of third            services to ―..other
      countries.                                       organisations or persons
                                                       ..‖
9.2 Members should, where appropriate, encourage
the parties to any special arrangements that are
made pursuant to No. 58 (9.1) to take into account
relevant provisions of CCITT Recommendations.




                                                                                          13
1988 Int’l Telecom Regulations                           Comments          CS/CV reference


                     Article 10
                  Final Provisions

10.1 These Regulations, of which Appendices 1, 2         Government
and 3 form integral parts, shall enter into force on I   responsibility.
July 1990 at 0001 hours UTC.                             No substance.

10.2 On the date specified in No.61 (10.1), the          Government
Telegraph Regulations (Geneva, 1973) and the             responsibility.
Telecommunication Regulations (Geneva, 1973)             No substance.
shall be replaced by these Telecommunication
Regulations (Melbourne, 1988) pursuant to the
International Telecommunication Convention.

10.3      If a Member makes reservations with            CV Article 32B    CV/32B: Reservations
regard to the application of one or more of the                            1 As a general rule, any delegation whose views are not shared by the remaining
provisions of these Regulations, other Members and                           delegations shall endeavour, as far as possible, to conform to the opinion of the
their administrations* shall be free to disregard the                        majority.
said provision or provisions in their relations with                       2 Any Member State that, during a plenipotentiary conference, reserves its right to
the Member which has made such reservations and                              make reservations as specified in its declaration when signing the final acts, may
its administrations*.                                                        make reservations regarding an amendment to the Constitution or to this
                                                         Government          Convention until such time as its instrument of ratification, acceptance or
10.4 Members of the Union shall inform the               responsibility      approval of or accession to the amendment has been deposited with the Secretary-
Secretary-General of their approval of the                                   General.
International Telecommunication Regulations                                3 If any decision appears to a delegation to be such as to prevent its government
adopted by the Conference. The Secretary-General                             from consenting to be bound by the revision of the Administrative Regulations,
shall inform Members promptly of the receipt of                              this delegation may make reservations, final or provisional, regarding that
such notifications of approval.                                              decision, at the end of the conference adopting that revision; any such
                                                                             reservations may be made by a delegation on behalf of a Member State which is
                                                                             not participating in the competent conference and which has given that delegation
                                                                             proxy powers to sign the final acts in accordance with the provisions of Article 31
                                                                             of this Convention.
                                                                           4 A reservation made following a conference shall only be valid if the Member
                                                                             State which made it formally confirms it when notifying its consent to be bound
                                                                             by the amended or revised instrument adopted by the conference at the close of
                                                                             which it made the reservation in question.
IN WITNESS WHEREOF, the delegates of the
Members of the International Telecommunication
Union named below have, on behalf of their
respective competent authorities, signed one copy

                                                                                 14
1988 Int’l Telecom Regulations                         Comments       CS/CV reference

of the present Final Acts in the Arabic, Chinese,
English, French, Russian and Spanish languages.
This copy shall remain in the archives of the Union.
The Secretary-General shall forward one certified
copy to each Member of the International
Telecommunication Union.
                                                                  .
Done at Melbourne, 9 December 1988.
Note: Throughout this document Administrations*
includes recognised operating agencies.




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